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- Cash advances or "payday" loans are short-term loans intended to solve cash flow problems that may suddenly arise. They are not intended to provide a long term financing solution. For long term financing, other types of loans are often more appropriate.

- Non profit credit counseling organizations often provide free advice about managing your finances and avoiding credit problems. We recommend utilizing such organizations in your community if you think you may be in need of financial counseling.

§ 2235A. Short-term consumer loans.

  • (a) In addition to such other limitations and requirements as are imposed pursuant to other provisions of this subchapter, short-term consumer loans shall be subject to the following:
    • (1) No licensee shall make more than 4 rollovers of an existing short-term consumer loan. A licensee may, following not more than the maximum allowable number of rollovers, enter into a workout agreement with the borrower or take such other actions as are lawful to collect any outstanding and unpaid indebtedness.
    • (2) No licensee shall make a short-term consumer loan unless such loan is subject to a right of recission on the part of the individual borrower.
    • (3) No licensee shall pursue or threaten to pursue criminal action against an individual borrower in connection with the nonpayment of any amount due, including the unpaid return of any check or automated clearing house transaction.
  • (b) In addition to such other disclosure requirements as are imposed pursuant to other provisions of this subchapter, short-term consumer loans shall be subject to the following: No licensee shall make a short-term consumer loan unless the application for such loan, which application shall be written in both English and Spanish, contains a written disclosure, conspicuously displayed, that:
    • (1) The loan is designed as a short-term cash flow solution and not designed as a solution for longer term financial problems;
    • (2) Additional fees may accrue if the loan is rolled over; and
    • (3) Credit counseling services are available to consumers who are experiencing financial problems.
  • (c) Nothing in this section prohibits a licensee from refinancing the principal amount of a short-term consumer loan, subject to the limitations and requirements imposed herein.
  • (d) The Commissioner is authorized to promulgate rules and regulations to exempt certain loans or classes of loans from the requirements of this section. (73 Del. Laws, c. 398, § 4.)